Further confounding the incorporation question is the fact that the First Amendment by its terms applies only to “law[s]” enacted by “Congress.” Obviously, a memorial is not a law. In Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. 18-18, 10 minutes for petitioners in No. 3086 (second alteration in original), for no one, according to Justice GORSUCH, should be heard to complain about such a thing. [12] Of the budgeted $ 100,000, the Commission had spent only $ 5,000 as of 2015. 2268, 45 L.Ed.2d 125 (1975), or pursue a political solution. 1811. W. Johnson, Jr. • The Establishment Clause states that “Congress shall make no law respecting. 48-49. In light of today’s decision, we should be done with this business, and our lower court colleagues may dispose of cases like these on a motion to dismiss rather than enmeshing themselves for years in intractable disputes sure to generate more heat than light. VIDED. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined. 1923, 20 L.Ed.2d 1060 (1968); Everson, supra. Contemporary literature, poetry, and art reflected this powerful imagery. The Court lists just seven freestanding cross memorials, ante, at 6, n. 10, less than 1% of the total number of monuments to World War I in the United States, see App. Militantly secular regimes have carried out such projects in the past,[24] and for those with a knowledge of history, the image of monuments being taken down will be evocative, disturbing, and divisive. In Marsh v. Chambers, 463 U.S. 783, 103 S.Ct. Pp. Respondents have not demonstrated that maintaining a religious display on public property shares any of the historical characteristics of an establishment of religion. 1811, 188 L.Ed.2d 835. Times, Dec. 18, 1921, p. 96. Schlesinger v. Reservists Comm. McKinley • 2105 (similar). Jews accounted for nearly 6% of U. S. forces in World War I (in numbers, 250,000), and 3,500 Jewish soldiers died in that war. § 1983, alleging that the Commission’s display and maintenance of the cross violates the Establishment Clause. The test called on courts to examine the purposes and effects of a challenged government action, as well as any entanglement with religion that it might entail. Justice THOMAS, concurring in the judgment. 890, 103 L.Ed.2d 1 (1989) (plurality opinion). Today’s decision represents a welcome step toward restoring this Court’s recognition of these truths, and I respectfully concur in the judgment. Not only did the Bladensburg Cross begin with this meaning, but with the passage of time, it has acquired historical importance. 2854. Among other reasons, the “sectarian” test “has a shameful pedigree” that originated during the 1870s when Congress considered the Blaine Amendment, “which would have amended the Constitution to bar any aid to sectarian institutions.” Id., at 828, 120 S.Ct. The International Committee of the Red Cross (ICRC) selected that symbol in 1863 because it was thought to call to mind the flag of Switzerland, a country widely known for its neutrality. 2015). 1811. The local commission has not attempted to control religious doctrine or personnel, compel religious observance, single out a particular religious denomination for exclusive state subsidization, or punish dissenting worship. 3, 11 (D.D.C. 711, it apparently did not consider that an incorporated Establishment Clause would prohibit exactly what the text of the Clause seeks to protect: state establishments of religion. Stewart • 2553, 168 L.Ed.2d 424 (2007) (Scalia, J., concurring in judgment) (“`To permit a complainant who has no concrete injury to require a court to rule on important constitutional issues in the abstract would create the potential for abuse of the judicial process, distort the role of the Judiciary in its relationship to the Executive and the Legislature and open the Judiciary to an arguable charge of providing “government by injunction”‘”).

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